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(영문) 울산지방법원 2013.07.26 2013고합133
현주건조물방화치상
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 21, 2013, the Defendant: (a) around 01:06, around 01:06, up to 703 U.S. E operational telecom 703 in Ulsan-gu, Ulsan-gu, U.S., the Defendant’s petator G was the Hague, and was in possession of the above el 703 Nara, Nara and Haba, thereby making the Defendant spread to the entirety of 703 pur her non-breadth.

Accordingly, the Defendant: (a) destroyed the wall’s walls, etc. within the above 703 unit by putting fire to the above 8th floor and the above 703 unit, which are owned by guests, including E, 3, and H, for residential purpose; and (b) destroyed the victim H(37 years of age) who was accommodated in the above 707 unit to suffer injuries, such as delayed treatment days and other specified delay, fire, and exposure to flames.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning I and G;

1. Each police statement of E and H;

1. On-site reports, on-site photographs, results of fire scene identification, and advice on fire at the Ulsan-gu Felel fire;

1. A medical certificate or an investigation report (verification, etc. of details of the diagnosis of injury of the victim H);

1. Application of the present Acts and subordinate statutes on evidence No. 1;

1. Relevant Article 164 (2) and (1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and the choice of limited imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is a crime highly likely to cause serious harm to human life, body, property, etc. In particular, the defendant's fire-prevention place is a business establishment where several people accommodation, and thus, most of the people could lead to enormous harm to human life, and the fact that the victim H actually suffered a bodily injury is disadvantageous to the defendant.

However, the defendant is attempting to commit a crime.

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